Exchange Documentation definition

Exchange Documentation has the meaning set forth in Section 6.3(b).

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Exchange Documentation means, collectively, this Agreement, the New Notes, the New Notes Indenture, the Security Documents, the Consent Documents and all definitive documentation governing, or related to, the Exchange, the Exchanged Notes and the New Notes, including all exchange agreements, consent agreements, indentures, security agreements, pledge agreements, certificates, instruments and other agreements.

Exchange Documentation means, with respect to each Company Stockholder and the Company Warrantholder, any documents (including a properly completed IRS Form W-9, or the appropriate version of IRS Form W-8, as applicable) that Parent or the Exchange Agent may reasonably require.

Examples of Exchange Documentation in a sentence

• Signatures on any such Exchange Documentation or transfer powers, as applicable, must be guaranteed by an Eligible Institution.

• This Letter of Transmittal, filled in and signed, must be used in connection with the delivery and surrender of the Exchange Documentation.

• The undersigned understands that surrender is not made in acceptable form until the receipt by the Paying Agent of this Letter of Transmittal duly completed and signed, and of the appropriate Exchange Documentation, together with all accompanying evidences of authority in form satisfactory to Buyer (which may delegate power in whole or in part to the Paying Agent).

• A Letter of Transmittal and Exchange Documentation must be received by Paying Agent in satisfactory form in order to make an effective surrender.

• Buyer reserves the right to waive any irregularities or defects in the surrender of any Exchange Documentation and its interpretations of the terms and conditions of the Merger Agreement and of this Letter of Transmittal (including these instructions) with respect to such irregularities or defects shall be final and binding.

• Delivery of the Exchange Documentation and other documents, as applicable, shall be effected, and the risk of loss and title to the Exchange Documentation shall pass, only upon proper surrender of the Exchange Documentation to Paying Agent.

• Parent, Merger Sub, the Company, the Surviving Company, the Paying Agent and the Representative (as applicable) shall be entitled to deduct and withhold from the amounts payable under this Agreement such amounts as may be required to be deducted and withheld under the Code, and any other applicable Tax Laws, that are set forth on the Distribution Schedule or that the Parent is entitled to withhold as set forth in the instructions in the Exchange Documentation.

• If this Letter of Transmittal is signed by the registered holder(s) of the Securities listed and surrendered hereby, no endorsements of Exchange Documentation or separate transfer powers, as applicable, are required unless payment is to be issued in the name of a person other than the registered holder(s).

• Upon surrender of the Exchange Documentation, any Securities issued subsequent to such surrender and prior to the closing of the Merger shall be deemed to be surrendered for payment.

• Signature(s) on any such Exchange Documentation or transfer powers must be guaranteed by an Eligible Institution.

More Definitions of Exchange Documentation

Exchange Documentation has the meaning given to such term in Section 1.2(b) hereof.

Exchange Documentation means with respect to each (i) Company Stockholder, a Joinder Agreement in the form attached hereto as Exhibit D (a “Joinder Agreement”), (ii) Company Warrantholder, a Warrant Cancellation Agreement in the form attached hereto as Exhibit E (a “Warrant Cancellation Agreement”), (iii) Accredited Stockholder, the Suitability Documentation and a counterpart signature to the Registration Rights Agreement in the form attached hereto as Exhibit H (the “Registration Rights Agreement”), (iv) Vested Company Optionholder that is a Non-Continuing Employee, an Option Surrender Agreement in a form reasonably satisfactory to Parent (an “Option Surrender Agreement”) and (v) holder of a Company RSU, a RSU Surrender Agreement in a form reasonably satisfactory to Parent (a “RSU Surrender Agreement”), and, in each case of the foregoing, any other documents (including a properly completed IRS Form W-9, or the appropriate version of IRS Form W-8, as applicable) that Parent or the Paying Agent may reasonably require.

Exchange Documentation means, collectively, the Exchange Agreement and all definitive documentation governing, or related to, the Exchange, this Agreement and the Exchanged Existing Debt, including all exchange agreements, consent agreements, indentures, security agreements, pledge agreements, certificates, instruments and other agreements.